Suicide Act 1961: Prosecutions

Debate between Lord Keen of Elie and Baroness Brinton

Thursday 23rd May 2019 Lords Chamber

[Lord Keen of Elie]

The noble and learned Lord is entirely right. The Director of Public Prosecutions has issued very clear guidelines, which address not only the evidential test but the public interest test that arises in such a complex and difficult area. That is why we see the need for a careful and balanced approach to what is, at the end of the day, an issue of conscience.

[Baroness Brinton (LD)]

My Lords, many families do not have access to Dignitas. Indeed, before it was available, a family friend of ours waited until his wife was away for two days before killing himself because he was very worried that the police might take action. The DPP guidance states:

“A prosecution is less likely if the person made a voluntary, informed decision to end their life, and if the assister was wholly motivated by compassion”.


However, it then lists a string of reasons why a prosecution may be more likely. Despite the fact that Ann Whaley clearly fell into that first category, she was immediately interviewed under caution by police. The distress that caused was phenomenal. On Sunday, the Justice Secretary said in the Sunday Express:

“Personally I am in favour of reform in this area, and sympathise with calls to allow individuals choice”.


When will the Ministry of Justice change the guidance?

[Lord Keen of Elie]

My Lords, my right honourable friend the Secretary of State for Justice expressed his personal views on this issue of conscience, but it is not a matter of government policy. With regard to the involvement of the police in cases where a matter is reported to them, that is not prompted simply by Section 2 of the Suicide Act, because if the police receive a report that someone’s life is going to be terminated they would in any event investigate lest it be a case of murder or manslaughter.

Victims Strategy

Debate between Lord Keen of Elie and Baroness Brinton

Monday 10th September 2018 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I also thank the Minister and the Government for finally announcing this victims strategy and consultation document. Nearly two years ago, in December 2016, your Lordships’ House voted on strengthening the victims’ code and encoding it in law, and we supported making sure that the agencies had to deliver that code. Noble Lords will remember that the matter went back to the Commons and the Minister returned to your Lordships’ House in January 2017 saying that a victims strategy and proposals would be published within six months and implemented by the end of 2017. We are running a bit behind that schedule but in the interim I compliment the previous Victims Minister for coming to consult with a large number of victims’ groups. Over the past 18 months, I met him and some of them and the time has not been wasted.

I will not repeat the comments made by other noble Lords on the strengths of the strategy. For those groups I have been working with, it is not simply a matter of fewer than 20% of victims being aware of the victims’ code, as I am afraid that there are a significant number of people working in the criminal justice system itself who are not aware of the details and who do not assist victims. I am reminded of one victim saying that when she reported her case of rape, the alleged perpetrator was given breaks from questioning, tea breaks and meal breaks, but there was absolutely nothing—not even a glass of water—provided for her as a victim when giving her statement. That is the sort of fundamental misunderstanding happening at the front line of the criminal justice system at the moment for victims, and we absolutely must make sure that it is changed.

I also echo the congratulations to the Victims’ Commissioner, the noble Baroness, Lady Newlove. I welcome the new support and strengthening proposed for her role, but it will all be utterly worthless unless there is a duty on the agencies to deliver the victims’ code and the new proposed victims law. I note with some concern that on page 18 of the strategy the words used are,

“improved reporting, monitoring and transparency on whether victims are receiving entitlements”.

We will not make progress until all parts of the criminal justice system have to deliver the victims’ code and a proposed victims law for all victims.

I will raise one other point, on a final omission. At every meeting of the victims’ forum that has met in Parliament over the two years, we have heard the organisation Murdered Abroad speak eloquently. There is a hole in the current system for victims whose family members have been murdered abroad, and the British system back here, even through the coroners’ court system, completely fails them. The Foreign Office does what it can, but at the moment there is no link at all back into our criminal justice system, and I hope that as part of the consultation the Government will seriously look at mending this hole.

[Lord Keen of Elie]

Again, I am obliged for the contribution from the noble Baroness, Lady Brinton, on this matter. While we may appear to be slightly behind schedule, I am relieved by her suggestion that time time has not been wasted. There is a concern to ensure that we take this forward as rapidly as possible but that we do it in the best-informed way possible. We will of course look at the scope of legislation that we will take forward to ensure that powers are available—whether they are direct legal powers or powers for the Victims’ Commissioner—which can be employed to ensure that all relevant parties are in a position where they are not only capable of enforcing the victims’ code but understand their obligation to do so as well.

Transparency of the Parole Board and Victim Support

Debate between Lord Keen of Elie and Baroness Brinton

Tuesday 9th January 2018 Lords Chamber

[Lord Keen of Elie]

My understanding is that the Director of Public Prosecutions and the Attorney-General meet on a regular basis.

[Baroness Brinton (LD)]

My Lords, in 2016 the Public Accounts Committee reported:

“The criminal justice system is not good enough at supporting victims and witnesses”.


Your Lordships’ House voted on 12 December 2016 to strengthen the victims’ code, and we held off having another vote in January 2017 only after an undertaking from the Minister at the Dispatch Box that a strategy would be published in the next 12 months. To be told that the review will be undertaken “as soon as possible and possibly by Easter”, as the Minister said in reply to my noble friend just now, is still throwing it into the long grass. What guarantee can the Minister undertake to give the House that there will be such a strategy and that the victims’ code will be strengthened to ensure that mistakes such as this do not happen again?

[Lord Keen of Elie]

My Lords, the matter of a victims’ strategy is very much at the forefront of our minds. Indeed, I believe that my right honourable friend the Secretary of State observed in the other place that it is in his present inbox. He has only just come into office, but I understand that he intends to address that very strategy.